HomeMy WebLinkAboutSeptember 18, 2025 - Planning - Committee of AdjustmentTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COMMITTEE OF ADJUSTMENT AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, September 18, 2025
6:45 p.m.
A. Minor Variance Application COA-07/25 Wiebe 55861 Third Street
The September 18, 2025 Committee of Adjustment Meeting will allow for a
hybrid meeting function. You may attend in person or virtually through
the live-stream on the Municipality of Bayham’s YouTube Channel
1. CALL TO ORDER
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
3. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Committee of Adjustment Meeting held March 20, 2025
4. APPLICATION
A. Minor Variance Application COA-07/25 Wiebe 55861 Third Street
THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations; to
recognize a deficient Lot Area for an existing Lot; and for the conversion of an existing accessory
garage building to a single-detached dwelling on the subject property located at 55861 Third
Street, south side, east of Short Street in the Village of Straffordville:
1) Section 10.3 to permit a Lot Area of 809.4 square metres, whereas 900 square metres is
required for a Lot in Straffordville with sanitary services, and;
2) Section 10.10 to permit a Rear Yard Depth of 5.26 metres; whereas 7.0 metres is required.
THE EFFECT of this variance is to permit an existing accessory building to be converted into a
single detached dwelling that is permitted in the Village Residential (R1) Zone.
5. STAFF PRESENTATION
A. Report DS-38/25 by Margaret Underhill, Secretary/Treasurer re Minor Variance COA-07/25
Wiebe 55861 Third Street
6. PRESENTATIONS BY APPLICANT/AGENT
7. PUBLIC SUBMISSIONS
A. Bonnie Ball email received September 10, 2025
8. COMMITTEE QUESTIONS AND DISCUSSION
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9. DECISION OF COMMITTEE (Motions)
10. ADJOURNMENT
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COMMITTEE OF ADJUSTMENT MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, March 20, 2025
6:45 p.m.
A. Minor Variance Application COA-04/25 Hiebert, 9215 & 9217 Alward Street
B. Minor Variance Application COA-05/25 Driedger, Hiebert and Schmitt, 9311 Richmond
Road
The March 20, 2025 Committee of Adjustment Meeting was held using hybrid technologies
via Zoom and livestreamed on YouTube.
COMMITTEE MEMBERS PRESENT: ED KETCHABAW
RAINEY WEISLER
TIMOTHY EMERSON
DAN FROESE *via Zoom
SUSAN CHILCOTT *via Zoom
STAFF PRESENT:
CAO THOMAS THAYER
CLERK MEAGAN ELLIOTT
SECRETARY/TREASURER MARGARET UNDERHILL
PUBLIC ATTENDEES A: N/A
PUBLIC ATTENDEES B: PETE HIEBERT
PETER DRIEDGER
1. CALL TO ORDER
Chair Ketchabaw called the meeting to order at 6:45 pm.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interests were declared.
3. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Committee of Adjustment Meeting held February 6, 2025
Moved by: Committee Member Weisler
Seconded by: Committee Member Emerson
THAT the minutes from the Committee of Adjustment Meeting held February 6, 2025 be approved
as presented.
CARRIED
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4. APPLICATION
A. Minor Variance Application COA-04/25 Hiebert, 9215 & 9217 Alward Street
THE PURPOSE of this variance is to permit a Minimum Lot Area of 680.3 m2 for the proposed
Retained Lot (Parcel ‘B’), whereas Section 10.3 of the Zoning By-law requires a Minimum Lot Area
of 695.0 m2 for lots with semi-detached dwelling units where no public water or sanitary servicing is
available. The subject lands are located at 9215 / 9217 Alward Street, south side, south of Heritage
Line in the village of Straffordville.
THE EFFECT of this variance is to permit a reduced Minimum Lot Area of 680.3 m2 for the proposed
Retained Lot (Parcel ‘B’) in order to clear the Consent Conditions of Approval for Elgin Land
Division Committee file number E5-25 that was Conditionally Approved on January 22, 2025. One
unit of the existing semi-detached dwelling will remain on the proposed Retained Lot and one unit
on the proposed Severed lot.
5. STAFF PRESENTATION
A. Report DS-13/25 by Margaret Underhill, Secretary/Treasurer re Minor Variance COA-04/25
Hiebert, 9215 & 9217 Alward Street
6. PRESENTATIONS BY APPLICANT/AGENT
No presentations.
7. PUBLIC SUBMISSIONS
No public submissions.
8. COMMITTEE QUESTIONS AND DISCUSSION
No questions.
9. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Emerson
Seconded by: Committee Member Chilcott
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-13/25 regarding the Hiebert
minor variance be received;
AND THAT the Committee of Adjustment considered all written and oral submissions received on
this application, the effect of which helped the Committee to make an informed decision;
AND WHEREAS the Committee agrees that the proposed variance as presented meets Section
45.1(1) of the Planning Act and is considered minor;
THEREFORE application COA-04/25 submitted by Peter and Agatha Hiebert pursuant to Section
45 of the Planning Act for a minor variance, is granted to allow relief from the Municipality of
Bayham Zoning By-law No. Z456-2003 regulations to clear the consent condition of approval for
Elgin Land Division Committee file number E5-25 Conditionally Approved on January 22, 2025, as
follows:
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Section 10.3 Minimum Lot Area to permit a lot area of 680.3 m2 on the retained parcel,
whereas 695 m2 is required for a semi-detached dwelling unit with municipal sanitary
sewage disposal service and no public water supply.
CARRIED
10. APPLICATION
B. Minor Variance Application COA-05/25 Driedger, Hiebert and Schmitt, 9311 Richmond
Road
THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for the
conversion of an existing shop building to a single-detached dwelling on the subject property
located at 9311 Richmond Road, west side, south of Heritage Line in the Hamlet of Richmond:
1) Section 9.7 to permit a Maximum Floor Area for Accessory uses of 170 square metres,
whereas 75.0 square metres is required, and;
2) Section 9.8 to permit a Front Yard Depth of 6.1 metres; whereas 7.0 metres is required.
THE EFFECT of this variance is to permit an existing building to be converted into a single
detached dwelling that is permitted in the Hamlet Residential (HR) Zone.
11. STAFF PRESENTATION
B. Report DS-14/25 by Margaret Underhill, Secretary/Treasurer re Minor Variance COA-05/25
Driedger, Hiebert Schmitt, 9311 Richmond Road
12. PRESENTATIONS BY APPLICANT/AGENT
Applicants Pete Hiebert and Peter Driedger were present and noted no further comments.
13. PUBLIC SUBMISSIONS
No public submissions.
14. COMMITTEE QUESTIONS AND DISCUSSION
No questions.
15. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Emerson
Seconded by: Committee Member Froese
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-14/25 regarding the
Driedger Hiebert Schmitt minor variance be received;
AND THAT the Committee of Adjustment considered all written and oral submissions received on
this application, the effect of which helped the Committee to make an informed decision;
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AND WHEREAS the Committee agrees that the proposed variance as presented meets Section
45.1(1) of the Planning Act and is considered minor;
THEREFORE application COA-05/25 submitted by Peter Driedger, Anna Schmitt, Peter Hiebert,
and Elena Hiebert pursuant to Section 45 of the Planning Act for a minor variance, is granted to
allow relief from the Municipality of Bayham Zoning By-law No. Z456-2003 regulations to permit an
existing building to be converted into a single detached dwelling and recognize the existing
oversized rear workshop, as follows:
Section 9.7 Maximum Floor Area for an Accessory Building to permit the existing 170
m2 rear workshop, whereas 75.0 m2 is required; and,
Section 9.8 Minimum Front Yard Depth to recognize the existing 6.1 metres front yard
depth that facilitates the conversion of the workshop to a residential use.
CARRIED
16. ADJOURNMENT
Moved by: Committee Member Weisler
Seconded by: Committee Member Emerson
THAT the Committee of Adjustment Meeting for consideration of Minor Variance Applications
COA-04/25 and COA-05/25 be adjourned at 6:56 p.m.;
AND THAT in accordance with the regulations of the Planning Act, Notices of Decision be
circulated by the Secretary-Treasurer accordingly.
CARRIED
DATE: ___________________
CHAIRPERSON SECRETARY TREASURER
CAO-07/25 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM APPLICANT: KRISTI WIEBE LOCATION: 55861 THIRD STREET, STRAFFORDVILLE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (CAO-07/25).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on September 18th, 2025, at 6:45 pm in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Minor Variance
to Zoning By-law No. Z456-2003 under Section 45 of the Planning Act. Committee of Adjustment Meetings may also be viewed virtually through the live-stream on the Municipality of Bayham YouTube Channel: Bayham YouTube
THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations; to recognize a deficient Lot Area for an existing Lot; and for the conversion of an existing accessory garage building to a single-detached dwelling on the subject property located at 55861 Third
Street, south side, east of Short Street in the Village of Straffordville: 1) Section 10.3 to permit a Lot Area of 809.4 square metres, whereas 900 square metres is required for a Lot in Straffordville with sanitary services, and; 2) Section 10.10 to permit a Rear Yard Depth of 5.26 metres; whereas 7.0 metres is required. THE EFFECT of this variance is to permit an existing accessory building to be converted into a
single detached dwelling that is permitted in the Village Residential (R1) Zone. ANY PERSON may attend the public meeting and/or make a written or verbal representation in
support of or in opposition to the proposed minor variance. Please be advised that equal consideration is given to all written and oral presentations provided prior to or at the public meeting. When possible, please consider utilizing written correspondence to be submitted to the undersigned by 12:00 Noon on September 11th, 2025, to be included in the Committee of Adjustment agenda. IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by contacting the Municipal Office. Dated at the Municipality of Bayham this 5th day of September 2025.
Village of Straffordville
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
REPORT
DEVELOPMENT SERVICES
TO: Committee of Adjustment Members
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: September 18, 2025
REPORT: DS-38/25 FILE NO. C-07 / D12.WIEB
Roll # 34-01-000-004-24802 SUBJECT: Committee of Adjustment Minor Variance COA-07/25 Wiebe
55861 Third Street, Straffordville
BACKGROUND
Agent Mark Friesen has submitted a minor variance application on behalf of Kristi Wiebe for her
property located at 56861 Third Street, Straffordville. The subject property is currently
designated as ‘Residential’ in Schedule ‘A1’ - Land Use of the Bayham Official Plan. The
subject property is currently zoned as ‘Village Residential (R1)’ in Schedule ‘F’ (Straffordville) of
the Bayham Zoning By-law No. Z456-2003.
The purpose of this variance is to grant relief from the following Zoning By-law regulations; to
recognize a deficient Lot Area for an existing Lot; and, for the conversion of an existing
accessory garage building to a single-detached dwelling on the subject property located at
55861 Third Street, south side, east of Short Street in the Village of Straffordville:
1) Section 10.3 to permit a Lot Area of 809.4 square metres, whereas 900 square metres is
required for a Lot in Straffordville with sanitary services, and;
2) Section 10.10 to permit a Rear Yard Depth of 5.26 metres; whereas 7.0 metres is
required.
The effect of this variance is to permit an existing accessory building to be converted into a
single detached dwelling that is permitted in the Village Residential (R1) Zone.
DISCUSSION
The Committee of Adjustment must be satisfied that the application meets the four “tests” of
Planning Act Section 45(1) for a minor variance to the Zoning By-law. The planner’s
memorandum, dated September 10, 2025, outlines the full analysis of the four “tests” and the
variances required for compliance.
The Owner is planning to convert the one-storey accessory building currently considered to be a
garage to a residence and therefore the building must comply with the zoning regulations for
village residential use.
Staff Report DS-38/25 Wiebe Page 2
The municipal planner and staff concur the application meets the criteria to grant relief from the
Zoning By-law Section 10.3 to permit a minimum lot area of 809 square metres, whereas 900
square metres is required, and Section 10.10 to permit a rear yard depth of 5.26 metres,
whereas 7.0 meres is required.
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Application for Minor Variance COA-07/25 Wiebe
2. Arcadis Memorandum, dated September 10, 2025
3. Public Comment - Bonnie Ball, email, dated September 10, 2025
RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-38/25 regarding
the Wiebe minor variance be received;
AND THAT the Committee of Adjustment considered all written and oral submissions
received on this application, the effect of which helped the Committee to make an
informed decision;
AND WHEREAS the Committee agrees that the proposed variance as presented meets
Section 45.1(1) of the Planning Act and is considered minor;
THEREFORE application COA-07/25 submitted by Kristi Wiebe pursuant to Section 45
of the Planning Act for a minor variance, is granted to allow relief from the Municipality of
Bayham Zoning By-law No. Z456-2003 regulations to permit an existing accessory
building to be converted into a single detached dwelling as follows:
Section 10.3 to permit a Minimum Lot Area of 809 square metres, whereas
900 square metres is required, and;
Section 10.10 to permit a Rear Yard Depth (for a dwelling) of 5.26 metres;
whereas 7.0 metres is required.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Secretary/Treasurer Committee of Adjustment Chief Administrative Officer
420 Wes Graham Way, Suite 106 Waterloo, ON, N2L 0A7
Memorandum
To/Attention Municipality of Bayham Date September 10, 2025
From Jeff Henry, RPP, MCIP Project No 30260140 - 1014
cc
Subject Mark Friesen - Application for Minor Variance COA-07/25 to Zoning By-law #Z456-2003 55861 Third Street, Straffordville
Background
1. Arcadis has completed a review of Minor Variance application COA-07/25,
submitted by Mark Friesen, on behalf Kristi Wiebe, owner of the subject property
located at 55861 Third Street in the Village of Straffordville. The application is
requesting two (2) Minor Variances under Section 45 of the Planning Act to
convert an existing accessory building to a dwelling, granting relief from the
following Zoning By-law regulations:
• Section 10.3 to permit a Minimum Lot Area of 809 square metres, whereas 900 square metres is required, and;
• Section 10.10 to permit a Rear Yard Depth of 5.26 metres; whereas 7.0
metres is required.
Subject Property and Surrounding Area
2. The subject property has a lot area of 809.4 m2 (8,712 ft2) and a lot depth of
approximately 40 metres (131 feet). The subject property has access from Third
Road with a lot frontage of approximately 20 metres (65 feet). The subject
property consists of a one-storey accessory building currently used as a garage,
with an area of 64 m² (689 ft²). The subject property will be connected to the
existing Sanitary Services on Third Street.
3. The subject property is currently designated as ‘Residential’ in Schedule ‘A1’ -
Land Use of the Bayham Official Plan. The subject property is currently zoned as
‘Village Residential (R1)’ in Schedule ‘F’ (Straffordville) of the Bayham Zoning By-
law No. Z456-2003.
ARCADIS MEMORANDUM
Municipality of Bayham – September 10, 2025
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4. The subject property is located towards on the south side of Third Street, east of
Short Street in the Village of Straffordville; and is surrounded by existing low-rise
residential uses, notably one and two-storey single-detached dwellings.
5. Minor Variance A-08/20 was previously approved on the lands, which permitted
an accessory building with a maximum floor area of 65.0 m2 (700 ft2) as the main
building on the lot, subject to the following conditions:
a. That notwithstanding that there is no dwelling on the subject lands, and
until such time as a dwelling is developed on the subject lands, the building
is an “accessory use building” accessory to the dwelling at 55867 Third
Street,
b. The building be constructed in accordance with applicable Accessory
Building Regulations for setbacks, located on the lot requirements and
height for accessory structures in the Village Residential (R1) Zone of the
Municipality of Bayham Zoning By-law.
6. The existing accessory building was permitted to be built within 1.0 metre of any
lot line provided it is not built closer to the front or side lot line than the minimum
distance required of a main building. As such, the existing rear yard setback of
the accessory building is in accordance with the regulations.
Planning Analysis
7. Section 45(1) of the Planning Act outlines the four (4) “tests” with which the Committee of Adjustment must be satisfied when considering an application for a minor variance to the Zoning By-law. The following provides an analysis of these four (4) tests with respect to the proposed variances:
Do the variances maintain the general intent and purpose of the Official
Plan?
The planned use of the ‘Residential’ land use designation is dwelling units,
including single-detached dwellings, providing housing in a low-rise residential
built-form. Further, in Straffordville, proposed development is restricted to infilling
with proof of potable water; given municipal water supply is currently unavailable.
It is our opinion that the proposed variances to facilitate the conversion of a
building currently used as a garage to a residential dwelling will maintain the
general intent and purpose of the Official Plan and would be a complementary to
the existing surrounding single-detached properties. It is our opinion that the
proposed conversion will respect the existing surrounding properties and
neighbourhood.
Therefore, it is our opinion that the proposed variances maintain the general intent
and purpose of the Bayham Official Plan.
Do the variances maintain the general intent and purpose of the Zoning By-
law?
ARCADIS MEMORANDUM
Municipality of Bayham – September 10, 2025
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Variance #1: To permit a Minimum Lot Area of 809 square metres.
The intent and purpose of Section 10.3 of the Zoning By-law is to ensure Lot size
can support private water supply, and is in keeping and to scale with the primary
residential uses.
It is our opinion that the proposed variance is to legalize an existing deficient Lot
Area. The existing Lot meets the general intent and purpose of the Zoning By-law
and in addition, meets the required Lot frontage of 20 m.
Therefore, it is our opinion that the proposed variance meets the general intent
and purpose of the Zoning By-law.
Variance #2: To permit a Rear Yard Depth of 5.26 metes
The intent and purpose of Section 10.10 of the Zoning By-law is to maintain a
setback from dwellings abutting to the rear, with sufficient yard to support
drainage, landscaping, and amenity.
The applicant is proposing to convert an existing building and hence the rear yard
depth is existing. There is no minimum required Rear Yard Depth for an accessory
building in a R1 Zone. As noted previously and under Section 4.2e) (General
Provisions for Accessory Uses), an accessory use shall not be built closer than
1.0m to any Lot Line. The existing accessory use exceeded this requirement when
built for that use. There are also similar accessory uses close to the rear Lot lines
in the neighbourhood, showing that the existing building was built to similar
setbacks and is in keeping with the surrounding existing properties.
Therefore, it is our opinion that the proposed variance meets the general intent
and purpose of the Zoning By-law.
Are the variances minor in nature?
It is our opinion that the requested variances are minor in nature, as the existing
Lot meets the required frontage, it does not appear to be smaller from the street-
view. The existing accessory building is located at the rear of the property and will
still provide a setback of over 5m to the abutting rear Lot line, which is also lined
with large trees providing additional screening.
As such, it is Arcadis’s opinion that the proposed variances are minor in nature
and are designed to respect the existing surrounding area.
Are the variances desirable for the appropriate development or use of the
lands?
It is our opinion that the proposed variances are desirable for the appropriate
development or use of the land, as it will facilitate the conversion of an existing
garage to a residential use on the subject property, which is permitted in the
Official Plan and Zoning By-law and which was ultimately anticipated through the
previous approval of minor variance A-08/20. The conversion of an existing
ARCADIS MEMORANDUM
Municipality of Bayham – September 10, 2025
4
building is cost effective to the owner. The conversion will also have lesser
adverse impacts to the existing or surrounding residential lands than demolition
and rebuilding of a new building during construction. The existing tree line further
provides screening to the abutting rear neighbours to minimize the impact of a
reduced rear yard and intensification of use of the current accessory building
through conversion to a dwelling.
Therefore, Arcadis is of the opinion that the proposed conversion is
complementary to the existing site and surrounding area and can therefore be
considered desirable for the appropriate development or use of the land.
Conclusions and Recommendations
8. Based on our review of this application and the four (4) tests for a Minor Variance, Arcadis has no objection to the proposed Minor Variance Application to provide relief from the following Zoning By-law regulations on the subject property:
• Section 10.3 to permit a Minimum Lot Area of 809 square metres,
whereas 900 square metres is required, and;
• Section 10.10 to permit a Rear Yard Depth (for a dwelling) of 5.26 metres; whereas 7.0 metres is required.
Jeff Henry
Arcadis Professional Services (Canada) Inc.
Jeff Henry, RPP, MCIP
Consulting Planner to the Municipality of Bayham